How NRIs Can Obtain a Succession Certificate in India

A succession certificate is a court-issued legal document under the Indian Succession Act, 1925 (Section 372) that authorizes the legal heirs of a deceased person who died intestate (without a valid Will) to collect and transfer the deceased’s movable assets, such as bank accounts, fixed deposits, shares, mutual funds, bonds and other debts/securities.

For Non-Resident Indians (NRIs), obtaining this certificate is often essential to access frozen financial accounts or investments in India. The process can be completed remotely through a General Power of Attorney (GPA), but it requires careful execution, authentication and adjudication in India. This guide explains the procedure, documents, timeline, NRI-specific challenges and practical tips. For professional assistance with GPA drafting, petition filing or court representation, consult experts at ezyLegal.

What is a Succession Certificate?

It proves the rightful heirs’ authority to collect debts and securities of the deceased when no Will exists. It applies only to movable assets (bank balances, shares, FDs, mutual funds, etc.). Immovable property (land, house) requires a legal heir certificate or probate.

Succession Certificate vs Legal Heir Certificate

Feature	Succession Certificate	Legal Heir Certificate
Governing Law	Indian Succession Act, 1925	State revenue codes / local laws
Issuing Authority	Civil Court (District Judge)	Revenue Officer (Tahsildar / Tehsildar)
Primary Purpose	Collecting debts & securities (movables)	Establishing heirship for general claims (pensions, PF, utilities, immovable property in some cases)
Timeline	6–12 months (longer with disputes)	15–60 days
Cost	Court fees ~2–10% of asset value (state-specific) + lawyer fees	Nominal application fees
Scope	Movable assets only	Broader (including immovable in some states)

Eligibility & When Required

• Eligible Applicants: Spouse, children, parents, siblings or other legal heirs.
• Required For:
  • Transferring bank accounts, fixed deposits, shares, mutual funds, bonds.
  • Recovering debts owed to the deceased.
  • Resolving disputes among heirs over movable assets.
• Not Required For: Immovable property (use legal heir certificate or probate).

Procedure for NRIs to Obtain a Succession Certificate

The process is handled by the District Judge (principal civil court) where the deceased last resided or where the assets are located.

1. Prepare & File Petition (Section 372)
   • Include: Date/place of death, heirs’ details, asset list, claim basis.
   • File through lawyer or PoA holder. Court fee not required at filing.
2. Court Issues Public Notice
   • Published in newspapers for objections (usually 45 days).
3. Hearing & Evidence
   • PoA holder appears on behalf of NRI (physical or virtual hearing).
   • Submit evidence of relationship and assets.
4. Certificate Issued
   • If no objections, court directs payment of court fee (state-specific, typically 2–3% to as high as 8–10% of asset value, guided by state Court Fees / Stamp Acts).
   • Pay before issuance (gives time to arrange funds, not deducted from redeemed assets).
   • Court grants certificate (valid across India).

Timeline: 6–12 months (longer with disputes or NRI involvement).

Special Requirements for NRIs

1. Executing General Power of Attorney (GPA) from Abroad

If the NRI cannot be physically present:

• Draft GPA: Use a General Power of Attorney, grants broad authority to file petition, appear in court (evidence/hearings), submit documents and receive certificate.
• Sign Abroad: Before a public notary + two witnesses.
• Attestation / Apostille (Strongly Recommended):
  • Get attested by nearest Indian Embassy/Consulate or apostilled (Hague Convention countries).
  • Embassy/consulate attestation or apostille is highly recommended, significantly reduces court objections.
• Send to India: Dispatch original GPA (in original sealed envelope) to representative.
• Adjudication / Stamping in India:
  • PoA holder submits to District Registrar Office for adjudication/stamping.
  • Stamp Duty Note: Very low/concessional (often ₹100–₹500) if GPA given to blood relative (parents, children, siblings, spouse, grandparents, grandchildren). Higher (₹1,000–₹5,000 or more, sometimes percentage-based) if to non-relative. Varies by state (Indian Stamp Act / state rules).
  • Important: Carry the original sealed envelope in which GPA arrived, proves no tampering.
  • After stamping, GPA becomes locally valid.

2. Foreign-Origin Documents

If death certificate or other documents are of foreign origin:

• Best Practice: Get apostilled (Hague countries) or attested by Indian Embassy/Consulate.
• Ensures smoother court acceptance and avoids delays/objections during evidence stage.

Required Documents

Document	Purpose
Death Certificate	Proof of demise
Proof of Relationship	Birth/marriage certificates
Applicant ID/Address Proof	Passport, Aadhaar, overseas address
Asset Details	Bank statements, share certificates, FD receipts
GPA (if NRI not present)	Notarized + attested/apostilled + adjudicated in India
Affidavit	Claim basis, heir details
Public Notice Proof	After court publication

Revocation & Appeal

Revocation Grounds:

• Fraud, concealment, false representation.
• Procedural defects.
• Incorrect essential facts.
• Subsequent court orders.

Appeal: To High Court against grant/refusal/revocation.

NRI-Specific Challenges & Solutions

• Document Verification: Send certified copies via embassy.
• Court Appearance: GPA holder appears (physical/virtual).
• Time Zones: Schedule calls; use email.
• Language: Request English; hire English-fluent lawyer.
• Delays: Engage lawyer; plan for 6–12 months.

Practical Tips

• Engage local lawyer early (court representation usually mandatory).
• Draft General PoA for succession (include court appearance, evidence, certificate receipt powers).
• Ensure GPA notarized + attested/apostilled abroad, then adjudicated/stamped in India (carry sealed envelope).
• Get foreign-origin documents apostilled/attested by Indian Embassy.
• Monitor via e-courts portal.
• Keep asset inventory.
• Apply early, banks freeze accounts on death.
• Consider Will to avoid certificate need.
• Court fee (2–10% of asset value, state-specific) paid before issuance, gives time to arrange funds (not from redeemed assets; separate from lawyer fees).

Frequently Asked Questions on How NRIs Can Obtain a Succession Certificate in India

Q1. What is a succession certificate in India and why do NRIs need it?

Ans1. A succession certificate is a court-issued document under the Indian Succession Act, 1925, authorizing legal heirs to collect debts/securities (bank accounts, FDs, shares) when someone dies intestate. NRIs need it to access frozen financial assets in India without a Will.

Q2. Can NRIs apply for a succession certificate without visiting India?

Ans2. Yes, execute a General Power of Attorney (GPA) abroad (notarized + attested/apostilled by Indian Embassy/Consulate), send original (in sealed envelope) to India for adjudication/stamping at District Registrar Office, then GPA holder files petition and appears in court.

Q3. Which court has jurisdiction to issue a succession certificate for NRIs?

Ans3. The District Judge (principal civil court) where the deceased last resided or where any movable assets are located.

Q4. Is a succession certificate mandatory for transferring bank accounts and investments after death?

Ans4. Yes, banks/financial institutions require it for movable assets without a Will; accounts stay frozen until certificate obtained.

Q5. What documents are required for an NRI to apply for a succession certificate?

Ans5. Death certificate, relationship proofs (birth/marriage), applicant ID/address (passport), asset details (bank statements, shares), GPA (notarized + attested/apostilled + adjudicated in India), affidavit.

Q6. How long does it take to obtain a succession certificate in India?

Ans6. Typically 6–12 months; longer with disputes or NRI involvement due to court backlogs and notice periods.

Q7. What is the difference between a succession certificate and a legal heir certificate?

Ans7. Succession certificate (court-issued) for debts/securities (movables); legal heir certificate (revenue-issued) for general heirship (pensions, PF, utilities, immovable in some cases).

Q8. Does a succession certificate apply to immovable property in India?

Ans8. No, only movable assets; immovable requires legal heir certificate or probate.

Q9. Can a succession certificate be challenged or revoked?

Ans9. Yes, revoked for fraud, concealment, defects, incorrect facts or later court orders; appeal to High Court.

Q10. Is a succession certificate valid across all states in India?

Ans10. Yes, valid nationwide once issued by competent court.

Q11. What is the approximate cost of obtaining a succession certificate?

Ans11. Court fees typically 2–10% of asset value (varies by state under Court Fees/Stamp Acts); lawyer fees separate. Court fee not paid at filing, leeway given to pay before certificate issuance (time to arrange funds, not from redeemed assets).

Q12. Can virtual hearings be used for NRI succession certificate cases?

Ans12. Yes, many courts allow virtual hearings; GPA holder can handle physical parts if needed.

Q13. How does an NRI appoint a representative for the succession certificate process?

Ans13. Execute General Power of Attorney (GPA) abroad: sign before notary + witnesses, get attested by Indian Embassy/Consulate or apostilled, send original (in sealed envelope) to India. PoA holder submits to District Registrar for adjudication/stamping (carry sealed envelope to prove authenticity). Stamp duty low (₹100–₹500) if to blood relative; higher for non-relatives.

Q14. What happens if there are disputes among heirs?

Ans14. Court issues public notice; heirs object. Disputes extend timeline to 12+ months; court hears evidence and decides.

Q15. Is a Will better than relying on a succession certificate?

Ans15. Yes, valid Will avoids certificate need, speeds transfer (probate if required), respects wishes.

Q16. Can NRIs use a legal heir certificate instead of a succession certificate?

Ans16. No, legal heir certificate insufficient for debts/securities; succession certificate mandatory for movables.

Q17. How to monitor the status of a succession certificate case?

Ans17. Use e-courts portal with case number; lawyer provides updates.

Q18. What assets typically require a succession certificate?

Ans18. Bank accounts, FDs, shares, mutual funds, bonds, government securities, debts.

Q19. Is a succession certificate required if there is a joint account holder?

Ans19. No, survivor clause allows automatic transfer to surviving holder.

Q20. Can the succession certificate process be started online?

Ans20. Partially, some courts allow e-filing; physical documents, notices, hearings (or GPA representation) still required.